IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Orders in the nature of Writs of Certiorari, Prohibition and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Amila Sampathsiri Perera No.4A, Beach Road, Mount Lavinia.

Petitioner CA/WRIT/443/2021 Vs.

1. Ceylon Electricity Board No.50, Sir Chittampalam A. Gardiner Mawatha, Colombo 2.

2. Mr. Bandara Deputy General Manager, Western Province South I, Ceylon Electricity Board, Dehiwala.

3. M. L. A. A. Chandranath Chief Engineer (Construction), Western Province South I, Ceylon Electricity Board, No.75/1, Attidiya Road, Rathmalana.

4. H. R. Himali Karunarathna Divisional Secretary of Ratmalana, Divisional Secretariat, Ratmalana.

5. Urban Development Authority

6^th and 7^th Floor, Sethsiripaya, Battaramulla.

6. Dehiwala-Mount Lavinia Municipal Council, Dehiwala.

7. Vesta Homes Pvt Ltd, No.9, 42^nd Lane, Colombo 6.

8. S. Vaikudan Manager-Administration, Vesta Homes Pvt Ltd, No.4, Beach Road, Mount Lavinia.

9. Condominium Management Authority, Sir Chittampalam A. Gardiner Mawatha, Colombo 2.

10. Public Utilities Commission of Sri Lanka

6^th Floor, BOC Merchant Tower, St. Micheal’s Road, Colombo 3.

11. Janaka Rathnayake, Chairman, Public Utilities Commission of Sri Lanka, 6^th Floor, BOC Merchant Tower, St. Micheal’s Road, Colombo 3.

Respondents Before : Sobhitha Rajakaruna J.

Dhammika Ganepola J.

Counsel : Shantha Jayawardena for the Petitioner Navodi De Zoysa, SC for the 1st-5th and 9th-12th Respondents.

B.A.G.R. Sriyananda and Janaki Hapuarachchi for the 6th Respondent.

N.R. Sivendran with Renuka Udumulla and Fihama Harifa for the 7th and 8th Respondents.

Argued on : 17.05.2022 Decided on : 07.06.2022 Sobhitha Rajakaruna J.

The Petitioner owns and has been residing at the land depicted in Plan No. 5/1984 marked ‘P1(a)’ as Lot 2, for approximately 19 years with his family. Around December 2017, the 7^th Respondent Vesta Homes Pvt Ltd (‘Vesta Homes’) commenced constructing a condominium apartment complex at No.4, Beach Road, Mount Lavinia, which is the land on the western boundary of the Petitioner’s land. The original building plan for the proposed construction was approved by the Urban Development Authority (‘UDA’) on 16.11.2017.

The Petitioner learned of the proposed construction of a transformer room for the installation of an electric transformer on location ’A’ (as depicted in the sketch marked ‘P7’), which is 0.5 feet away from the Petitioner’s boundary wall. Therefore, the Petitioner complained to the Mount Lavinia Police and the Ceylon Electricity Board (‘CEB’) objecting the proposed construction due to the purported threat posed to the Petitioner’s family and property. The Divisional Secretariat then conducted a field inspection with the participation of the CEB on 25.02.2021 resulting in Vesta Homes agreeing to install the electricity transformer at an alternate location. The Divisional Secretary thus wrote the letter dated 08.03.2021 to the CEB recommending the installation of the electricity transformer at the alternate location ’B’ (as depicted in the sketch marked ‘P7’), which was agreed upon by Vesta Homes.

However, location ’B’ contravened the Urban Development Authorities Regulation 37(1)c, for being a proposed construction which was within the boundary line. Therefore, the Dehiwala-Mount Lavinia Municipal Council and UDA did not grant approval for the installation of the electricity transformer at the proposed location ’B’. Moreover, the Divisional Secretary by the letter dated 19.05.2017 requested the CEB to consider an alternative location for the installation of the electricity transformer. Further, on 05.07.2021, the Divisional Secretary informed the CEB by the letter marked ‘P9’ to consider and take necessary steps to install the electricity transformer at a suitable location, which the Divisional Secretariat did not have the necessary technical knowledge to determine.

On